Recording and videotaping policy for Florida HOA

Started by SuzanneL • 17 replies • 11292 views

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SuzanneL (Florida)
Posts: 32

Posted:

Florida allows the recording and videotaping of board meetings. Recently a member has started video taping. She isn't just taping the board members, she's taping everyone and is one of the loudmouth troublemakers. Has anyone adopted a policy that states that only board members can be taped and that the tape can be reviewed? Would it be feasible to forbid posting videos online?

Some of the attendees don't want to be taped. One has jewelry that she's afraid could be taped and posted somewhere online. Two others were crime victims including domestic violence and are concerned that the perpetrators might be able to find them if video from the board meetings is posted online. All have lived in the community for many years and have been active volunteers.

LynetteB (Texas)
Posts: 141

Posted:

I found this when I googled, it is a link to another thread on this website pertaining to Florida regarding video. (from 2009)

http://www.hoatalk.com/Search/ForumSearch/tabid/87/forumid/1/postid/67506/view/topic/Default.aspx

PeterD3 (Florida)
Posts: 708

Posted:

Tht BoD may adopt reasonable rules and regs. reagrding the taping.

PeterD3 (Florida)
Posts: 708

Posted:

Florida Statutes 720.306- Meetings of members; voting and election procedures; amendments.

(10) RECORDING.--Any parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Suzanne,

This is posted by Ann from Florida a while back. We have similar rules. Remember, THE BOARD IS IN CHARGE OF THE MEETINGS

Audio and Videotaping Rules for Meetings of the Board, Members and Committees

Complying with the Florida Statutes and according to the Division of Florida Land Sales, Condominiums and Mobile Homes which define the Division Rules on Videotaping, the XXXX Association adopts the following rules:

1. Any unit owner may tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings, subject to the following restrictions:

2. The only audio and video equipment and devices which unit owners are authorized to utilize at any such meeting is equipment which does not produce distracting sound or light emissions.

3. Video equipment shall be assembled and placed in position fifteen (15) minutes in advance of the commencement of the meeting. The placement location to be determined by the Board of Directors.

4. Any member videotaping or recording a meeting shall not be permitted to move about the meeting room.

5. Advance notice of twenty-four hours (24) shall be given to the Board of Directors by a member desiring to utilize any audio or video equipment.

6. Any tapes or videos taken at a meeting may not be disseminated outside of the association other than to an owner's legal counsel or agent without the written consent of the board of directors.

7. There shall be no audio or video taping of meetings by a third party (non-member) without a written request and approval by the board of directors.

PeterD3 (Florida)
Posts: 708

Posted:

#5 is unenforceable

It is intimidating and implies that permission is required.

The BoD should expect all meetings to be taped.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Taping anyone and then posting it without their permission is against the law. The social media has ruined this law for everyone. It is done all of the time but it still is against the law.

PeterD3 (Florida)
Posts: 708

Posted:

#5!!!

SuzanneL (Florida)
Posts: 32

Posted:

Thanks for the input. I'm going to redraft the other policy, eliminate #5, add a prohibition on commercial use, and add that it's a felony in Florida to secretly tape meetings.

PeterD3 (Florida)
Posts: 708

Posted:

I'm not a lawyer and none of the opinions posted here are in any way to be considered legal advice, especially by me.

The issue of video recording is based on the expectation of privacy. You cannot reasonably expect privacy ANYWHERE outside YOUR HOME or other places within your COMPLETE control with some exceptions such as hotel/motel rooms, restrooms, fitting rooms, etc.

AUDIO taping is VERY DIFFERENT and not permitted except with the persons KNOWLEDGE which is slightly different than PERMISSION.

Most of us have heard "This call may be monitored for quality control purposes". Translation: You are being recorded.

You can hang-up if you wish.

The purpose of the language regarding 'reasonable rules' for recording/videotaping FLA. HOA meetings is LIMITED TO preventing interference with the proceedings. All others would likely be unenforceable.

LawrenceC1 (Georgia)
Posts: 480

Posted:

If the Board has legitimate reasons for preventing video taping (such as protecting the identity of domestic crime victims) a rule against it should stand up in court. The spirit of the rules permitting recording of a meeting can be upheld by audio taping even while prohibiting video. This would be a good question to run by your attorney.

And on the subject of audio taping, I strongly recommend it.

Our Secretary uses a smartpen to record all meetings (board and members). This allows her to check the recording when the notes taken down at the meeting are unreadable or ambiguous. The minutes are then much more complete and accurate. When (not if!) homeowners object to something or other, it is easy to play back the recording to remove any doubt about what was voted on. It has proven to be an enormous help.

Before each meeting, the Secretary announces that an audio recording is being made. Other than that, we make no special provisions.

AnnJ1 (Florida)
Posts: 122

Posted:

Hi Peter,
I just came across this thread and wanted to clarify in your post that "#5 is unenforceable" is actually enforceable.

Please note that my previous post in which our rules are outlined, state they are for Florida condominium associations. As you know, the DIVISION has jurisdiction regarding the condo statutes....
"The Division of Florida Condominiums, Timeshares, and Mobile Homes (division) has authority to enforce the following laws: Chapter 718, Florida Statutes, known as the Condominium Act; and Chapter 719, Florida Statutes, known as the Cooperative Act."
.....................................................................................
On their website and FAQ page is the following:
Division of Florida Condominiums, Timeshares, and Mobile Homes

Frequently Asked Questions - The Board

30. Does a unit owner have the right to record a board meeting?

Condominium unit owners have the right to tape record or videotape board meetings subject to the following restrictions: (1) the only audio and video equipment and devices which unit owners may use is equipment which does not produce distracting sound or light emissions; (2) if adopted in advance by the board or unit owners as a written rule, (a) audio and video equipment must be set up before the meeting starts, (b) anyone videotaping or recording a meeting cannot move about the meeting room, and (c) unit owners must give advance notice to the board if they intend to videotape or tape record a meeting. Cooperative unit owners have the right to tape record or videotape board meetings subject to restrictions (2)(a) and (b) listed above.

Condominium: Section 718,112(2)(c), F.S., and Rule 61B-23.002(10), F.A.C.
Cooperative: Section 719.106(1)(c), F.S. and Rule 61B-75.004, F.A.C.

Peter, our rules for videotaping were written and adopted based on the above and the fact the statutes state the BOD may adopt "reasonable" rules in this matter. The 24 hour advance notice has proven to be a non-issue in our association and has given us an opportunity to have our maintenance people "stage" our meeting room area during their work hours. We have large tables and heavy furniture to move around depending on how many are seeking to videotape.

HTH,
Ann

PeterD3 (Florida)
Posts: 708

Posted:

Not applicable to HOAs.

HeatherB3 (Florida)
Posts: 32

Posted:

But you could ask that he allow 24 hours notice.

"If you plan on using a recording device, we ask that you please let the board know 24 hours ahead of time out of respect of homeowners and board members wishing to make arrangments."

PeterD3 (Florida)
Posts: 708

Posted:

You could also ask for all members who wish to attend give 24 hrs. notice but their not required to by current statutes.

RaeL (Florida)
Posts: 9

Posted:

Are you allowed to post meeting minutes to a closed Facebook group? We have a neighbors, closed Facebook group where we share information and discuss the HAO meeting for the ones who are unable to attend. We just got a notice from the board stating we cannot post on our page.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Rae,

It's best to start a new thread.

That said, what you ask is really a legal question on what one may do with recordings after they are made.
To properly answer this, one would need to be versed in the various case law and applicable statutes as well as your governing documents.

Personally, I don't see an issue with it. However, as a Board member, I can see their concerns.
I also notice that FL statutes require consent of all parties to release what they have taped.

Again, the advice of an attorney will probably be needed to properly answer your question.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Tim,

It appears Rae is just asking about posting minutes, not recordings.

Rae,

I'd ask the board what rule or document precludes sharing the minutes with homeowners.

Escaped former treasurer and director of a self managed association.

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